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There’s not enough evidence to charge a Nashville, Tennessee police officer in the fatal shooting of Daniel Hambrick, according to a magistrate.

On Thursday, the District Attorney’s office sought a criminal homicide charge against Officer Andrew Delke but that was denied by a night court judge.

Hambrick, age 25, was shot and killed by Delke on July 26, 2018. According to police, Hambrick led officers on a chase prior to the shooting.

Once Hambrick pulled over on the corner of Jo Johnston Avenue and 17th Avenue North, police said he got out of the car with a gun and started running. That's when the 25-year-old Metro police officer shot him.